DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 6160-20 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 3 May 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

You requested to decline participation in Survivor Benefit Plan (SBP) and a refund of $4,018 in premium cost. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that Department of Defense Financial Management Regulation 7000.14-R outlines the requirements for SBP elections. Specifically, the policy indicates the election to participate in or decline SBP coverage is irrevocable. Conversely, service members are authorized to discontinue SBP Natural Person with Insurable Interest (NIP) coverage at any time, provided the NIP is not a former spouse, but no premiums are refunded as a result of terminating coverage. A review of your record indicates that you elected SBP NIP coverage for your adult son (date of birth, 7 October 1987) on 3 January 2020 and requested to terminate SBP NIP coverage in August 2020. By signing DD Form 2656, Data for Payment of Retired Personnel, you acknowledged that you should have consulted a Survivor Benefit Plan counselor before making an election. The Board noted you did not provide evidence of seeking counsel prior to making an election and you received the benefit of SBP NIP coverage from 29 January 2020 through 31 August 2020. Moreover, in accordance with Defense Finance and Accounting Service, your SBP NIP coverage has been terminated effective 1 September 2020; therefore, the Board felt the debt associated with coverage from your retirement until termination of SBP NIP coverage is valid. 

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 
6/10/2021 

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